Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Division 2 does not prohibit a disclosure or use of information or a document if:
(a) in a case where the disclosure or use is in connection with the operation of an enforcement agency--the disclosure or use is required or authorised under a warrant; or
(b) in any other case--the disclosure or use is required or authorised by or under law.
(1A) In applying paragraph (1)(a) to the National Anti - Corruption Commission, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the National Anti - Corruption Commissioner (within the meaning of the National Anti - Corruption Commission Act 2022 ).
(1B) Subject to subsection (1C), paragraph (1)(b) does not apply to a disclosure of information or a document if:
(a) the disclosure is required or authorised because of:
(i) a subpoena; or
(ii) a notice of disclosure; or
(iii) an order of a court;
in connection with a civil proceeding; and
(b) the information or document is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979 ), solely for the purpose of complying with Part 5 - 1A of that Act; and
(c) the information or document is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:
(i) complying with Part 5 - 1A of that Act;
(ii) complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;
(iii) complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;
(iv) providing persons with access to their personal information in accordance with the Privacy Act 1988 ;
(v) a purpose prescribed by the regulations;
(vi) a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v).
(1C) Subsection (1B) does not apply:
(a) in circumstances of a kind prescribed by the regulations; or
(b) to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979 ); or
(c) to a disclosure that occurs during the implementation phase (within the meaning of that Act).
(2) In this section:
"enforcement agency" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .